HC: Civil Division (Uganda)

The Civil Division is a division of the high court. It's functions include: Hearing appeal cases from the Magistrates' courts in connection with torts committed against the person, Defamation, Bankruptcy and company winding up matters, Partnership matters,Companies matters, Real and personal property.

Physical address
Twed towers, along Kafu Road, Nakasero.
17 judgments
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17 judgments
Citation
Judgment date
December 2025
Court held cooperative society actions reviewable, quashed chair’s unilateral suspensions and ordered Registrar to convene SGM to reconstitute Board.
Judicial review – Cooperative societies – Decisions of registered societies and actions of their officers amenable to review – Unilateral suspensions and one‑person resolutions without quorum or bye‑law authority unlawful – Registrar’s duty to restore lawful governance – Quashing and setting aside of invalid resolutions and orders to convene Special General Meeting to reconstitute Board.
31 December 2025
Court expunged adverse judicial characterisation of the applicant as error apparent on the face of the record.
Civil procedure – Review under Section 82 CPA and Order 46 R.1 – Error apparent on the face of the record – Expungement of unnecessary adverse judicial remarks – Protection of reputation and prevention of prejudice to public officer.
24 December 2025
Application for broad discovery dismissed as a fishing expedition; applicants must prove employment and entitlements in their suit.
Civil procedure—discovery and inspection—requirements for ordering discovery (relevance, non-privilege, possession/control, futile voluntary attempts)—fishing expedition doctrine—applicant’s burden to prove employment and entitlements.
23 December 2025
The appeal is dismissed: the appellant breached the carriage contract, causing loss and damages to the respondent.
Contract of carriage; bailment; carrier liability for loss and delay; under‑declaration to customs; alteration of bill of lading; agency and lifting the corporate veil; proof of special damages; award of general damages.
22 December 2025
Leave to appeal refused where applicants benefited from a consent order and failed to show arguable grounds or vitiating factors.
Civil procedure — Leave to appeal — Test for grant of leave — Consent orders — Whether a party who has benefited from a consent order may later challenge it absent vitiating factors — Doctrine of approbate and reprobate — Abuse of court process.
22 December 2025
A petition filed outside the five‑day statutory period without applying for extension is incompetent and dismissed.
Election law — jurisdictional and strict five‑day filing period for appeals to High Court from Electoral Commission — social media copy not official delivery — failure to apply for extension or validation fatal to competence.
22 December 2025
Stay refused: judicial review orders were self-executing and applicant failed to show irreparable harm or triable issues.
Judicial review — prerogative orders — self-executing declarations — stay of execution — requirements for stay (notice, timeliness, irreparable harm, security, balance of convenience) — enforcement of electoral-related orders.
22 December 2025
The applicant’s prompt application led the court to set aside an ex parte decree and allow a late reply, with costs to respondents.
Civil procedure — Setting aside ex parte decree — Order 9 Rule 27 — Sufficient cause: negligence of counsel and settlement negotiations — Enlargement of time to file affidavit — Order 51 Rule 6; Section 96 Civil Procedure Act — Exercise of discretion in interest of justice — Costs to successful respondent assessed later.
22 December 2025
Electoral Commission properly denominated candidate whose mature-age certificate had expired; petition dismissed; parties bear own costs.
Electoral law – jurisdiction of Electoral Commission to adjudicate nomination disputes; validity and expiry of Mature Age/Aptitude Test certificates; NCHE equivalence versus underlying qualification validity; requirement to raise nomination defects before election; burden of proof in election petitions.
21 December 2025
Whether the respondent lawfully lodged a caveat without fair hearing and whether judicial review should quash it.
Judicial review — Administrative law — Caveat lodged by Registrar under Registration of Titles Act s.154(a) — Ultra vires, procedural impropriety and irrationality — Certiorari, mandamus, permanent injunction, damages and costs.
18 December 2025
Applicants failed to establish a bona fide triable defence in a summary debt suit; default judgment entered and costs awarded.
Civil Procedure – summary suit – Order 36 leave to appear and defend – bona fide triable issue required; sham defences; guarantor liability – demand notice under Mortgage Act inapplicable to salary loans; default judgment under Order 36 rule 5; costs follow the event.
16 December 2025
Petition alleging unfair prejudice dismissed where articles allowed transfers, prejudice not proved and claims were time‑barred.
Company law – unfair prejudice under section 244 – effect of articles of association on transfer rights – pre‑emptive rights not implied – limitation and acquiescence as bar to stale claims – failure to prove lack of accounts or prejudicial conduct.
16 December 2025
Court ordered reversal of UGX 300,000,000 to applicant after finding breach, absconding, and failure of consideration.
Banking and contract law — recovery of deposit paid to third party; contract by conduct and WhatsApp communications; failure of consideration/unjust enrichment; court’s inherent powers under section 98 Civil Procedure Act to order fund reversal; substituted service and uncontroverted affidavit evidence.
15 December 2025
Applicant failed to prove recruiter liability for migrant’s death after she absconded; application dismissed with costs.
Human rights enforcement – Migrant worker externalisation – Locus standi under Article 50 – Recruiter liability after worker absconds – Right to life and access to information – Causation and remedies – Repatriation and damages.
15 December 2025
Application to compel transfer under a 1960 succession certificate dismissed as time-barred, lacking cause and overlapping a pending constitutional petition.
Succession certificates – Limitation of actions – Succession Registers – Administrator General’s powers – Letters of Administration – Estates already administered – Pending constitutional petition affecting Respondent’s authority.
15 December 2025
Discovery of a document after judgment does not justify review absent proof of due diligence to produce it earlier.
Civil Procedure — Review — Order 46 Rule 1(b) — Discovery of new and important matter of evidence — Requirement of due diligence — Evidence peculiarly within applicant’s knowledge — Exhaustion of remedies under Electoral Commission Act — Application dismissed.
2 December 2025
Court quashed party’s forwarded primary result for procedural impropriety and ordered substitution of the candidate by the electoral commission.
Public law – political party internal elections – judicial review – exhaustion of internal remedies – procedural impropriety, illegality and irrationality in electoral decision-making – prerogative orders (certiorari) – substitution of candidate by electoral commission.
2 December 2025